, 1887-09-06

surely die" The speaker did not avail
himself of the opportunity for lessening
the prisoners chances for life by men.
tlonlng his Texas record, which in sub
stance is the u%nprovoked murder of two
men and implication in the death of
two others. Mccoy was probably thank
ful, but not appear comfortable despite
his knowledge of the speakers lieniency.
1T matters not, said Mr.. Stoll, that
Mccoy and Waters had a difference.
previous to the killing of Gum. 1t was
a transaction in which the latter PLAYED
no part. Had James Waters killed Nc
Coy he would undoubtedly be occupying
the position of the prisoner at the bar to-
day. As to the murderer's escape, it was
undoubtedly prearranged, according to
the testimony of a number of unimpeach.
ed witnesses. A preponderance of evidence
established the fact that there was not
sufficient time between the departure of
Mccoy from the saloon of James Waters
and his appearance $50 yards from town
to allow the fleeing man to take his horse
from the stable and saddle it. But what
of the second shot fred by Mccoy into
the brain Of the already senseless man
whom he had so foully murdered? 1t
was clearly an infamous deed. The de-
PENDANT had testified upon his cross
examination that by walking across the
saloon he could have avoided the en-
counter. When Gum fell he could have
left with still greater safety. He did not
do so. His appetite for blood was fully
aroused. The brains of Gum bespatter-
ing the floor of the saloon was the only
sight that would appease his insatiate
longlngs for a scene familiar in his career
before arriving in Wyoming. when
Mccoy mounted that horse and l%eisurely
galloped away he did not fear mob VIC.
lence, though he deserved it. Flight
would have been the remotest of his
thoughts had Chas. Gum been killed in
self defense. When he circled that re-
yolver about his head he was saving:
People of Lusk. | have killed a man. I
am no longer VIM. Mccoy, but Dan
Began. the Texas fugitive. At the
conclusion OF his argument Attorney Stoll
faced the Jury, and in an impressive man
ner uttered the simple sentence: Il have
done my duty; will you do %yours2"
JUDGE CoRN's CHARGE.
AT the termination of Mr.. Stoll's argu-
ment all faces were turned toward Judge
Corn, who wasted neither time nor words
In delivering his charge. He did not at
tempt to review the evidence, but clearly
and concisely informed the jury upon the
law points involved. He stated the acts
necessary to have been performed in
order that a jury should find a yer
dict for one of the degrees of homicide.
In ono particular, and a most important
one Judge Corn's charge differed materi-
ally from one delivered by Chief Justice
Maglnnis upon a similar occasion a few
weeks since. He stated distinctly that in
a plea of self defense the burthen of
proof rested entirely with the prosecu-
ton. Judge Maginnis charged the
Trumble jury the direct oppo
site upon this proposition. Both
cannot be correct. The point will
will be decided at the next session Of the
supreme court of the territory. when the
Trumble case will be brought before that
body.
TO THE JURY.
The twelve men who have been in
charge of a baiEff since last Wednesday
afternoon, retired at 3:45 O'Clock. Mr..
Bailey, the diaryman, was chosen fore
man. The body deliberated until 1870
O'Clock, when they marched into the
court room and asked for Instructions,
which the judge at once refused to give.
They desired his honor to harmonic the
apparently different applications of the
words premeditatedly, m~aliciously, etc,
which were used quite frequently in the
charge. AT II o'clock the Jury informed
the Judge that there was hardly . posi-
billty Of an agreement being reached be-
fore some time to-day. Court adjourned
a few minutes later.
AGREEING TO DISAGREE.
At 1890 o'clock last night it was
learned that the vote stood eight for guilty
as charged in the indictment, two for
conviction for murder in the second
degree, and one for acquittal. From the
sidewalk below it was observed hat sew
eral Of the jurors were very much excited,
Two or three of them would gather
around an obstinate member and endeavor
to convince him that he was entirely
wrong, evidently with but little success.
The jury is hung" Public sentiment
and the evidence in the case say that Nc